United States v. Real Property Located at 1 Mile Up Hennessey Road

January 14, 2010

UNITED STATES OF AMERICA, PLAINTIFF,v.REAL PROPERTY LOCATED AT 1 MILE UP HENNESSEY ROAD, BURNT RANCH, CALIFORNIA, TRINITY COUNTY, APN: 008-430-02, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

The plaintiff United States of America submits the following Joint Status (Pretrial Scheduling) Report.*fn1

a. Service: The forfeiture complaint in rem was served on all individuals and entities believed to have an interest in the defendant property. Specifically, Thomas Pickle and James Pickle were served. Thomas Pickle is the owner of record of the defendant real property and was living in one of two residences on the property. James Pickle was living in a second residence.

In addition, in accordance with the Order for Publication signed on July 16, 2009, by U.S. Magistrate Judge Drozd, notice of this action was published on the official internet government website, www.forfeiture.gov, for 30 consecutive days. The Declaration of Plaintiff was filed on September 21, 2009.

b. Possible joinder of additional parties: Plaintiff does not anticipate joining additional parties. Claimant anticipates a joinder, through conservatorship proceedings, of Thomas Pickle's wife. (See section e.) Plaintiff will oppose any effort by any person to file a claim at this late date. "Thomas Pickle" is the only name that appears on the title report for the defendant property and he is listed as "Thomas A. Pickle, and unmarried man, as his sole and separate property."

c. Any expected or desired amendment of pleadings: None anticipated at this time.

d. Jurisdiction and venue:

This Court has jurisdiction in this matter pursuant to 28 U.S.C. §§ 1345 and 1355. This Court has venue pursuant to 28 U.S.C. § 1395.

e. Anticipated motions and suggested dates: On or before January 8, 2010, Plaintiff will be filing a motion to strike the claim and answer filed by Thomas Pickle. Plaintiff will notice the motion on the next date available on the Court's calendar. If the Court grants the motion, plaintiff will move for a default judgment and final judgment of forfeiture. Accordingly, the plaintiff suggests that this case need not be scheduled at this time.

Thomas Pickle has been missing since July 2009, and his attorney believes he is dead. Mr. Pickle's last whereabouts was hiking in the mountains of Northern California. Counsel Editte Lerman was contacted on January 5, 2010, via phone message, by attorney Darren Wright, who is representing Erlinda Selma Pickle, Thomas Pickle's wife, in a conservatorship case involving Mr. Pickle's estate. Attorney Darren Wright stated that he was calling to talk about the forfeiture proceedings that are involved in the criminal case since they may involve the conservatorship estate and her estate. Accordingly, Claimant anticipates a joinder by Erlinda Selma Pickle.

Plaintiff does not have sufficient information to form an opinion as to whether Pickle is dead or is a fugitive. And as noted above, plaintiff will oppose any effort by anyone to file a claim at this late date.

f. Anticipated and outstanding discovery:

(1) What changes should be made in the timing, form, or requirement for disclosures under Rule 26(a), including a statement as to when disclosures under subdivision (a)(1) were made or will be made:

(2) The subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be ...

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